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(영문) 광주지방법원 2016.07.13 2016고단800
건축법위반
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

A person who intends to construct or repair a building shall obtain permission from the head of a Si/Gun/Gu, etc.

Nevertheless, the Defendant extended the 372.2 square meters of light-weight structure to be used as a general restaurant or warehouse on the land of the remaining Donyang-gun B and two parcels of land without obtaining permission for the number of duyang-gun, other than the first patrolmen from March 2014 to March 2015.

Accordingly, the defendant constructed a building without obtaining permission from the number of Myang-guns.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Copies of photographs, reports on results of business trips, etc.;

1. Application of the Acts and subordinate statutes on the written accusation;

1. Article 110 of the Building Act applicable to the facts constituting an offense, and Articles 110 subparagraph 1 and 11 (1) of the Act on the Selection of Punishment, and Selection of Imprisonment;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. On the grounds of sentencing under Article 62-2 of the Social Service Order Criminal Act, the sentencing conditions indicated in the instant records, such as the following circumstances and Defendant’s age, sexual behavior, family relationship, family environment, motive and means of the crime, and the circumstances after the crime, etc., shall be determined in full view of the sentence as ordered.

Unfavorable circumstances: The size of the building illegally extended by the defendant without permission is small.

The defendant has not made a serious effort to restore to the original state.

A favorable circumstances: The defendant has no record of criminal punishment exceeding a fine.

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